What happens during voir dire?

Voir dire is the process used by the parties to select a fair and impartial jury. During voir dire, the jury panel is questioned by both parties’ lawyers. The questions are intended to help the lawyers in the jury selection process. After voir dire, the jury is selected from the panel.

What does the term peremptory challenge mean?

A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation – unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex.

What is limine motion?

A pretrial motion asking that certain evidence be found inadmissible, and that it not be referred to or offered at trial.

What is the difference between venire and voir dire?

The process of selecting a jury is called “voir dire” and is a part of the regular jury trial process. Approximately 20 people serve on the jury or venire (group of prospective jurors from which the jury will be chosen). After voir dire, the attorneys will “strike” a venire in order to get the 12 jurors.

What is a Batson hearing?

A Batson challenge is a challenge made by one party in a case to the other party’s use of peremptory challenges to eliminate potential jurors from the jury on the basis of sex, race, ethnicity, or religion. A trial usually begins with jury selection.

What is a venire in court?

The trial jury in either a civil or criminal case is chosen from a list called a venire or jury pool that has been compiled by the court. The method of selecting names for the venire varies. The jury pool is sometimes compiled with the help of jury commissioners appointed by the presiding judge.

What is a Wadeer?

Definition of wader 1 : one that wades. 2 : shorebird also : wading bird. 3 waders plural : high waterproof boots or a one-piece waterproof garment usually consisting of pants with attached boots that are used for wading (as when fishing)

Why would a lawyer call for a peremptory challenge?

The rationale behind allowing peremptory challenges is to give the attorneys an opportunity to seat the best jury for each case. Since each side will reject the jurors that they presume will favor the other side, the result should be a well-balanced jury.

Can a jury be challenged by a judge?

Challenge to a juror If the judge accepts their reason, you won’t be allowed to serve as a juror on that particular trial. But you could be called to serve on the jury in another case.

What is a motion in Lemony?

A motion in limine is a motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case.

What can the jury take from the court?

In some states, the jury may take the exhibits introduced into the record and the judge’s instructions to the jury room. Sometimes the jury will have a question about the evidence or the judge’s instructions. If this happens, the jury will give a note to the bailiff to take to the judge.

What can cause a fight outside the presence of the jury?

Character Evidence is another area that can cause a fight “outside the presence of the jury”. Rule 404 provides ” [E]vidence of a person’s character or character trait is not admissible for the purpose of proving action in conformity therewith on a particular occasion”.

Can a judge deny an exhibit from the jury room?

Other items, such as drugs, weapons, and video recordings may not be sent to the jury room if the judge thinks doing so would be unwise. Similarly, the judge may deny a request for an exhibit (such as a bloody jacket) if the court thinks that having it in the room would be more prejudicial than helpful.

What happens if the jury does not come to a decision?

All federal cases require a unanimous decision. If the jury cannot come to a decision by the end of the day, the jurors may be sequestered, or housed in a hotel and secluded from all contact with other people, newspapers and news reports. In most cases, though, the jury will be allowed to go home at night.